CUM AFLĂM DREPTUL STRĂIN?
“HOW CAN WE BECOME FAMILIAR WITH THE FOREIGN LAW?”
Author(s): Vlad Ioan-LucaSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Regulation 650/2012; foreign law; method without probative evidence; probative value patterns; expert; foreign State; approval; expert; successions;
Summary/Abstract: In this article, the author exposes some concrete methods of becoming familiar with the foreign law and of demonstrating its content before the court. The structure and content of the study reveal the comments upon the enforcement of the Succession Regulation 650/2012, upon the method without any probative value (knowledge), upon the personal investigation, upon the information through the agency of a specialized network, upon the probative value patterns (evidence), upon the certifications obtained from the foreign State bodies, upon the certification of the foreign law by an expert’s approval, upon other adequate methods of becoming familiar with foreign law, considering, for the purposes of the above, the doctrine developed by famous names in the field of law (D.-Al. Sitaru, O. Căpăţână, I.-L. Toma, I.-L. Vlad, D. Ianculescu). Finally, the author formulates brief considerations in relation to the risks determined by the insufficient knowledge of the foreign law and to the detailed investigation upon which the evidence is based.
Journal: Universul Juridic
- Issue Year: 2015
- Issue No: 11
- Page Range: 35-44
- Page Count: 10
- Language: Romanian